Tax Filing as Single or Married

[soza 0]

Hi All,

Im getting ready to submit 2009 tax documents but am not sure as to which box I should check: Single or Married filing separately. I married my wife in 2009 but she lives in India and has no SSN and is not working. Our I-130 petition is currently at the NVC stage and am wondering if the consulate will question why I filed as single in 2009.

Please advise.

Thank you,

soza

[besaangel 18]

Assuming u will be using 1040- http://www.irs.gov/pub/irs-pdf/i1040.pdf

[Kraj.d 1]

Hi Soza,

My wife filed her tax mentioning that she got married and I signed the papers too. We sent that to NVC...Since I dont have an SSN, her accountant asked to file a W7 along with the Fed.Tax Return to get a tax ID number which IRS will consider in place of SSN for these cases...

Raj

[RPS 1]

Hi All,

Im getting ready to submit 2009 tax documents but am not sure as to which box I should check: Single or Married filing separately. I married my wife in 2009 but she lives in India and has no SSN and is not working. Our I-130 petition is currently at the NVC stage and am wondering if the consulate will question why I filed as single in 2009.

Please advise.

Thank you,

soza

My husband and I were married in nov 2009 and he likewise is without SS#. After talking to HR block and other tax entities - they encouraged my to file as single (you have 3 years to do amendment). My AOS was recently approved even with 2009 tax doc included.

[Amit-N-Melody 11]

I also went to H&R Block, and they told me to file single....

[Wife of Mohammed 0]

I married in November 2009, and filed joint married. I sent(email) my husband (Egyptian) the W-7 form, he mailed it back to me (with signature)with his passport and I submitted my taxes to an authorized IRS Office and they forwarded it to the IRS. I got back more of my taxes...but the mailing takes time. I also did all the paperwork myself. Don't look like you have a lot of time. Good luck!

[christeen 966]

I know that H&R Block advises to file single... But that is not correct... Married is married is married... I checked with several accountants about this. My husband did not have a SS# for the first 6 years we were married... I ALWAYS filed married filing single and for his SS# I wrote NON LPR, No SS# and it was fine. We did not get him an ITTN because of financial issues with his income, but if you want to get the maximum deductions, file the W7 to get an ITTN and file jointly, that way you get all stimulus rebates as well as can file HOH if your spouse did not work in their country... If they did work, you just file the 2555 to exempt the income as long as it is under 90k

[AzuomaObidiya 1]

I know that H&R Block advises to file single... But that is not correct... Married is married is married... I checked with several accountants about this. My husband did not have a SS# for the first 6 years we were married... I ALWAYS filed married filing single and for his SS# I wrote NON LPR, No SS# and it was fine. We did not get him an ITTN because of financial issues with his income, but if you want to get the maximum deductions, file the W7 to get an ITTN and file jointly, that way you get all stimulus rebates as well as can file HOH if your spouse did not work in their country... If they did work, you just file the 2555 to exempt the income as long as it is under 90k

I like your reply the best!! High 5 for you!!!

[xavierr 0]

Similar situation for me. I'm thinking of doing the tax calculations and sending a payment for whatever I owe, while asking for an extension so that I can then file with the SSN. Once she has an SSN then I can file as Married.

Edited April 5, 2010 by xavierr

[Created 6]

I know that H&R Block advises to file single... But that is not correct... Married is married is married... I checked with several accountants about this. My husband did not have a SS# for the first 6 years we were married... I ALWAYS filed married filing single and for his SS# I wrote NON LPR, No SS# and it was fine. We did not get him an ITTN because of financial issues with his income, but if you want to get the maximum deductions, file the W7 to get an ITTN and file jointly, that way you get all stimulus rebates as well as can file HOH if your spouse did not work in their country... If they did work, you just file the 2555 to exempt the income as long as it is under 90k

I agree, and was told by Lawyer that I should file an amendment....which was simple enough. The returns did not hurt me.

[TheMatrix 6]

soza you're a procrastinator, just like me!

I am in a similar situation and I am about to file "married filing separately" as the wife does not have an ITIN (and obviously not an SSN). She has a job in India and earns and pays taxes there. So I file "married filing separately" here in the US and she will not file a return here in the US.

So if I understand this thread correctly, once she arrives in the US (in July hopefully) and gets an SSN, we can file an amended return, this time filing "married filing jointly" and claim a bigger refund?

[simpleminded 0]

Your best bet is to file your taxes as married filing jointly, attach the w7 and supporting documentation, file form 2555 to exclude non-US income, and receive all of the tax deductions you would receive as a married couple on only the income made in the USA. It's not hard, it's the proper way to do it, and when you elect to file jointly you won't need to amend later. I amended 2007 after filing jointly the proper way for 2008, for example, and it was good but would have been simpler and less expensive at the time to have done it properly.

If your foreign spouse makes more than $90k US per year you will be taxed on foreign earnings above this point.

At the end of the day, you are married, file your taxes like it!

soza you're a procrastinator, just like me!

I am in a similar situation and I am about to file "married filing separately" as the wife does not have an ITIN (and obviously not an SSN). She has a job in India and earns and pays taxes there. So I file "married filing separately" here in the US and she will not file a return here in the US.

So if I understand this thread correctly, once she arrives in the US (in July hopefully) and gets an SSN, we can file an amended return, this time filing "married filing jointly" and claim a bigger refund?

[antoneya 9]

Hi All,

Im getting ready to submit 2009 tax documents but am not sure as to which box I should check: Single or Married filing separately. I married my wife in 2009 but she lives in India and has no SSN and is not working. Our I-130 petition is currently at the NVC stage and am wondering if the consulate will question why I filed as single in 2009.

Please advise.

Thank you,

soza

Hello Soza,

I am in the exact same boat as you, I got married in September 2009 and I filed married filing jointly. Even if you got married at 11:59p.m. On December 31st 2009 you can no longer file single according to the IRS. At first I went to H&R block and they told me to file single it sounded wrong to me so I did lots of research and found out that they are wrong (“IRS publication 519”). I actually filed a complaint with IRS about H&R block and had a major issue trying to get my filing fees refunded and ended up suing H&R block.

You have 3 options to file your return:

- Married filing separately – the easy option not much work and when they ask for wife’s SSN# you just write Non-resident alien “NRA” and you don’t need to do a W-7. You can get your refund faster and e-file.

- Married filing jointly – I recommend this since you will get more money back or if you owe you will owe less money or even get money back now. This option is nice since your wife doesn’t work because now your total income for the both of you will be just your income and if there was any deduction that you did not qualify because you made too much money now you can because you limit just doubled. For examples if you are single and make over 70K and you have student loan the interest it is not deductable, but with the MFJ option the limit 145K so now you can deduct it. Also thanks to the “make work pay tax credit” you are going to get $400 and another $400 for your wife this option.

This does require more work. You have to fill out a form W-7 and send you return and the W-7 form to the Austin, Texas address wait about 6 weeks for them to give your wife an ITIN number and then wait another 4 weeks for IRS to issue your refund and another 2 weeks for the check to come. You can’t e-file and you have to send in proof, an authentication copy by the U.S. embassy, of you wife’s passport. Personally I think this is also a good thing to have to use as proof at the interview.

- Head of Household – you can only do this if you have other dependent, kids, parents, brother, sister, ect…

Also on a personal note to everybody: Don’t use H&R block use their software or other programs. H&R block charged me $321 to file my return and in the end refuse to file my return because I wanted to go against their advice and file MFJ. I used TurboTax online $115 same amount of refund and I filed MFJ.

[TheMatrix 6]

Excellent information, all! Much thanks!

Without meaning to hijack soza's thread... our case is quite similar after all, except for the job status of the wife in India...

I think because of the looming April 15 deadline, unless we file for an extension, there is not enough time to get the paperwork for W-7 done. The notarized passport copy from the consulate in Delhi would not happen before April 9th (I just checked the appointments available on the consulate's website.) She can't just walk-in tomorrow to get it, unfortunately. Then I have to get the W-7 and the joint tax return signed from her and mailed back to me by April 15th. The form 2555 also needs to be prepared in my case. And oh yes, the letter indicating our choice to file jointly would be needed too.

Plus, as my timeline indicates, I am in the process of filling out I-864EZ and DS-230 as the case is pending at NVC. I would like to send the 2009 tax returns (and previous transcripts) along with the I-864 sometime next week. The wife is busy getting the police certificates, while winding up her job duties gracefully as she would be moving to the US. The W-7 would just add to her busy schedule!

So I am leaning towards filing as "married filing separately" now and then filing an amended return when she gets an SSN after coming to the US. That will save us the W-7 hassle.

There is a lesson for others here. Do not procrastinate! Be pro-active! Things catch up with you fast! USCIS and NVC can sometimes surprise you with the speed with which they process cases.

[TheMatrix 6]

Wow!!!!!

I just did the calculations for the tax refund we would get if we file "married filing jointly" versus "married filing separately".

It's wonderful being married!